UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA ) No. ______________________
)
v. ) Violations: Title 18, United
) States Code, Sections 2, 371,
LAWRENCE E. WARNER ) 1341, 1346, 1951, 1956 and
DONALD UDSTUEN, and ) 1962(c); and Title 31, United
ALAN A. DRAZEK ) States Code, Section 5324
COUNT ONE
The SPECIAL JULY 2000-2 GRAND JURY charges:
1. At times material to this indictment:
Office of the Secretary of State
A. Pursuant to Illinois law, including the Illinois
Administrative Code, the Office of the Secretary of State
(hereinafter “SOS Office”) was entrusted with comprehensive duties
involving motor vehicles, including licensing drivers,
administering and enforcing driver safety, maintaining driving
records, selling and distributing license plates and vehicle
registration validation stickers, and issuing and maintaining
records of vehicle titles.
B. The Secretary of State, an officer of the State of
Illinois elected statewide, was responsible for running the SOS
Office.
C. The SOS Office performed its functions through
approximately twenty-one (21) departments, each of which was headed
by a Department Director appointed by the Secretary of State. Each
Department Director was a member of the SOS Office Cabinet. The
SOS Office departments included, among others, the Vehicle Services
Department, the Drivers Services Department, the Information
Systems Services Department, the Department of Physical Services,
and the Index Department.
D. Vehicle Services Department: The Vehicle Services
Department was responsible for, among other things, the
registration, licensure, and titling of vehicles. Among other
things, the Vehicle Services Department processed vehicle titles,
registered vehicles, and issued license plates and vehicle
registration validation stickers.
E. Driver Services Department: The Driver Services
Department was responsible for, among other things, administering
the issuance of automobile and truck drivers’ licenses through over
130 driver's license facilities located throughout the State of
Illinois.
F. Information Systems Services Department: The
Information Systems Services Department was responsible for, among
other things, providing computer and office automation services to
all Departments in the SOS Office.
G. Physical Services Department: The Physical Services
Department was responsible for, among other things, the maintenance
and upkeep of certain SOS Office buildings, including among others,
certain buildings leased by the SOS Office from outside individuals
and entities.
H. Index Department: The Index Department was
responsible for, among other things, administering and maintaining
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public records related to the registration, activities and
expenditures of lobbyists in the State of Illinois.
The SOS Office Contract Award Process
I. In the performance of its lawful functions, the SOS
Office awarded contracts for goods and services to outside entities
and individuals (hereinafter collectively “outside vendors”).
Certain SOS Office contracts were awarded to outside vendors based
upon a competitive bidding process. As to those contracts for
which there was a competitive bidding process, the particular SOS
Office Department seeking to obtain the goods and services was
generally responsible for drafting contract “specifications” which
described, among other things, the technical requirements a bidding
company had to meet in order to win the contract.
J. To initiate the competitive bidding process for
certain SOS Office contracts, the contract specifications were
forwarded from the SOS Office to the Illinois Department of Central
Management Services (hereinafter “Central Management Services”), a
State agency independent from the SOS Office that handled certain
aspects of the competitive bidding process for other State
agencies, including the SOS Office. After receiving contract
specifications from the SOS Office, Central Management Services
generally released a request for bids to outside vendors based upon
the requirements set forth in the SOS Office specifications. The
outside vendors wishing to bid on a contract had to submit those
bids directly to Central Management Services, which in turn would
share the bid information with the SOS Office. The general
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practice and procedure of the SOS Office for such contracts was to
award a contract to the lowest bidder who met the contract
specifications.
Particular SOS Office Contracts
K. The Validation Stickers Contract: The SOS Office
annually awarded to an outside vendor a contract to manufacture and
print vehicle registration validation stickers, which were the
stickers required to be affixed to all Illinois license plates to
show current vehicle registration (hereinafter the “validation
stickers contract”). The Vehicle Services Department was generally
responsible for preparing specifications and, along with Central
Management Services, overseeing the competitive bidding process for
the validation stickers contract. Up to and including 1991, the
validation stickers contract, which cost the State approximately
$800,000 to $1,200,000 annually, was held by a company hereinafter
referred to as Vendor 1.
L. The Title Laminates Contract: The SOS Office
annually awarded to an outside vendor a contract to manufacture and
print laminated strips to be affixed to vehicle titles for security
purposes (hereinafter the “title laminates contract”). The Vehicle
Services Department was generally responsible for preparing the
specifications and, along with Central Management Services,
overseeing the competitive bidding process for the title laminates
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contract. Up to and including 1991, the title laminates contract
was held by a company hereinafter referred to as Vendor 2.
M. The Computer System Contract: The SOS Office awarded
to outside vendors contracts to provide computer and information
technology services related to SOS Office functions, including
among other contracts, contracts related to installing and
maintaining a mainframe computer system used throughout the SOS
Office (hereinafter collectively the “computer system contract”).
The Information Systems Services Department was generally
responsible for preparing the specifications and overseeing the
competitive bidding process for the computer system contract and
other computer-related SOS Office contracts. Up to approximately
1996, a company herein referred to as Vendor 3 held the computer
system contract, after which that contract was awarded to a company
hereinafter referred to as Vendor 4.
N. The Digital Licensing Contract: In approximately
1996, the SOS Office began an initiative to switch to a digital
licensing system through which all State of Illinois automobile and
truck drivers' licenses would be created and maintained through
digital technology. The Drivers Services Department was generally
responsible for preparing the specifications and overseeing the
competitive bidding process related to awarding a contract for
digital licensing services. In approximately June 1997, the SOS
Office awarded the company hereinafter referred to as Vendor 5 with
the contract to provide digital licensing and related services for
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the State of Illinois through approximately 2004 (hereinafter the
“digital licensing contract”).
SOS Office Leases
O. In addition to the award of contracts to outside
vendors as described above, the SOS Office awarded leases of real
property, including certain buildings owned by outside individuals
and entities. The Physical Services Department was responsible for
overseeing the maintenance and upkeep related to particular SOS
Office leases.
Defendant
P. Defendant LAWRENCE E. WARNER owned and operated
several businesses out of an office space at 3101 N. Western Avenue
in Chicago, Illinois, including among other businesses: a fire
insurance adjustment business called Lash Warner & Associates; a
construction maintenance and supervision business called Economy
Building & Maintenance; and two other companies called National
Consulting Company and Omega Consulting Group Ltd. Defendant
WARNER maintained and controlled, among other financial accounts,
checking accounts for National Consulting Company and Omega
Consulting Group Ltd. at North Community Bank, a domestic financial
institution.
Q. From about January 1991 through January 1999,
defendant WARNER, with the knowledge, consent and authorization of
one or more high-ranking SOS Office officials, directly and
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substantially participated in the affairs of the SOS Office,
including at various times, acting as an agent for the SOS Office
and as a decision maker regarding certain official SOS Office
matters.
R. From about January 1991 through January 1999,
defendant WARNER directly and substantially participated in, among
other things, the following official SOS Office matters: attending
internal SOS Office meetings, including policy meetings and one or
more staff retreats; directing and advising SOS Office personnel,
including one or more Department Directors, regarding matters
related to the award of SOS Office contracts to outside vendors;
determining the content of official SOS Office documents and
communications, including specifications related to one or more SOS
Office contracts with outside vendors; and directing and advising
SOS Office personnel, including Department Directors, regarding
matters related to the issuance of SOS Office leases.
Other Individuals
S. Donald Udstuen: Donald Udstuen was the Associate
Executive Administrator for the Illinois State Medical Society, an
entity that, among other things, conducted lobbying activities for
medical professionals in the State of Illinois. As such, Udstuen
was at various times registered as a lobbyist with the SOS Office
Index Department. From 1991 through on or about April 30, 2002,
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Udstuen was also the Chief Operating Officer for the Illinois State
Medical Insurance Exchange.
T. Alan A. Drazek: Alan A. Drazek owned and operated a
company called American Management Resources.
Applicable Duties, Laws, Policies and Procedures
Personal Duties and Obligations
U. The Secretary of State was a Constitutional Officer
and as such, at the outset of each term, was required to take an
oath of Office to support the Constitution of the United States,
and the Constitution of the State of Illinois, and to faithfully
discharge the duties of the SOS Office to the best of his
abilities. In discharging their public duties, officers,
employees, and agents of the Secretary of State's Office owed a
duty of honest services to the people of the State of Illinois, the
State of Illinois, and the SOS Office in the performance of their
public duties. Pursuant to Article VIII, Section 1(a) of the
Constitution of the State of Illinois, public funds, property and
credit could be used only for public purposes.
V. By virtue of his direct and substantial
participation in SOS Office affairs as described in subparagraphs
Q-R above, defendant LAWRENCE E. WARNER, when acting as an agent
and decision maker on behalf of the SOS Office, owed a duty of
honest services to the people of the State of Illinois, the State
of Illinois, and the SOS Office.
Federal Law: Extortion, Mail Fraud, and Money Laundering
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W. There was in force and effect a federal statute,
Title 18, United States Code, Section 1951, which prohibited
extortion and attempted extortion affecting commerce either under
color of official right or through the wrongful use of actual or
threatened fear of economic harm or both;
X. There were in force and effect federal statutes,
Title 18, United States Code, Sections 1341 and 1346, which
prohibited use of the mails in furtherance of a scheme to defraud
any person or entity of the intangible right to honest services or
a scheme to obtain money or property by means of materially false
and fraudulent pretenses, misrepresentations, and promises.
Y. There was in force and effect a federal statute,
Title 18, United States Code, Section 1956(a)(1)(B)(i), which
prohibited conducting or attempting to conduct a financial
transaction involving the proceeds of specified unlawful activity
knowing that the property involved in the transaction represented
the proceeds of some form of unlawful activity and knowing that the
transaction was designed in whole or in part to conceal or disguise
the nature, the location, the source, the ownership, or the control
of the proceeds of the specified unlawful activity.
The Illinois Lobbyist Registration Law
Z. In or about August 1993, the Illinois Legislature
passed a statute, 25 Illinois Compiled Statutes 170/1-12
(hereinafter the “Lobbyist Registration Act”), which became
effective in or about January 1994, and which required the
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following persons to register with the SOS Office as lobbyists:
“(1) Any person who, for compensation or otherwise, either
individually or as an employee or contractual employee of another
person, undertakes to influence executive, legislative or
administrative action”; and “(2) Any person who employs another
person for the purposes of influencing executive, legislative or
administrative action.”
AA. Under the express terms of the Lobbyist Registration
Act, the term “influencing” was defined as “any communication,
action, reportable expenditure as described in Section 6 or other
means used to promote, support, affect, modify, oppose or delay any
executive, legislative or administrative action or to promote
goodwill with officials as defined in subsection (c).”
BB. Under the express terms of the Lobbyist Registration
Act, the term “official” included the Secretary of State, the SOS
Office Chief of Staff, and SOS Office Cabinet members, including
Department Directors, Assistant Directors, and Chief Legal Counsel
or General Counsel.
CC. Under the express terms of the Lobbyist Registration
Act, the term “executive action” included: “the proposal, drafting,
development, consideration, amendment, adoption, approval,
promulgation, issuance, modification, rejection or postponement by
a State entity of a rule, regulation, order, decision,
determination, contractual arrangement, purchasing agreement or
other quasi-legislative or quasi-judicial action or proceeding.”
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THE WARNER-SOS OFFICE ENTERPRISE
2. At times material to this indictment, defendant LAWRENCE
E. WARNER, National Consulting Company, Omega Consulting Group Ltd,
Donald Udstuen, the SOS Office, and others known and unknown were
associated in fact and constituted an “enterprise” (hereinafter the
“WARNER-SOS Office Enterprise”) as that term is defined in Title
18, United States Code, Section 1961(4), which was engaged in, and
the activities of which affected, interstate commerce.
OBJECTIVE OF THE DEFENDANT
3. It was the objective of defendant WARNER to improperly
and unlawfully use the SOS Office for the personal and pecuniary
benefit of defendant WARNER, Donald Udstuen, and others known and
unknown to the Grand Jury.
THE RACKETEERING VIOLATION
4. Beginning no later than 1991 and continuing through at
least 1999, in Chicago and other locations in the Northern District
of Illinois, as well as Springfield, Illinois and elsewhere:
LAWRENCE E. WARNER,
defendant herein, Donald Udstuen and others known and unknown to
the Grand Jury, being persons employed by and associated with the
WARNER-SOS Office Enterprise, which enterprise was engaged in, and
the activities of which affected, interstate commerce, unlawfully
and knowingly conducted and participated, directly and indirectly,
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in the conduct of the affairs of that enterprise through a pattern
of racketeering activity, that is, through the commission of two or
more racketeering acts as set forth in Paragraph 66 below:
MEANS AND METHODS
5. As further detailed in paragraphs 6-65 below, the means
and methods used by defendant WARNER and others in conducting the
affairs of the enterprise included the following conduct:
(a) multiple acts of extortion and attempts to extort
related to one or more SOS Office contracts, in violation of Title
18, United States Code, Section 1951;
(b) defrauding the people of the State of Illinois, the
State of Illinois, and the SOS Office of money, property and their
intangible right to the honest services of officials, agents and
employees of the SOS Office in connection with the award of SOS
Office contracts, leases and other official acts, and in
furtherance thereof, using the United States mail, in violation of
Title 18, United States Code, Sections 1341 and 1346; and
(c) multiple acts of money laundering, in violation of
Title 18, United States Code, Section 1956(a)(1)(B)(i).
Defendant's Scheme To Defraud
6. Beginning no later than 1991 and continuing to at least
1999, at Chicago and elsewhere in the Northern District of
Illinois, and Springfield and elsewhere in the Central District of
Illinois, defendant LAWRENCE E. WARNER, together with Donald
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Udstuen and others known and unknown to the Grand Jury, devised and
intended to devise, and participated in, a scheme and artifice to
defraud the people of the State of Illinois, the State of Illinois
and the SOS Office of the intangible right to the honest services
of agents, officials, and employees of the SOS Office, including a
high-ranking SOS Office official hereinafter referred to as SOS
Official A, and defendant WARNER, and of money and property by
means of materially false and fraudulent pretenses,
representations, and promises and by actions of concealment and
protection of the scheme, and in furtherance thereof used the
United States mails, which scheme is further described in the
following paragraphs.
7. It was part of the scheme that in about early 1991,
defendant WARNER and Donald Udstuen discussed WARNER's plan and
intention to make money from one or more outside vendors doing
business with the SOS Office.
8. It was further part of the scheme that in about early
1991, defendant WARNER advised Donald Udstuen that, with the
knowledge and concurrence of SOS Official A, WARNER would provide
Udstuen with one-third of the proceeds that WARNER obtained from
certain outside vendors doing business with the SOS Office.
9. It was further part of the scheme that in about early
1991, defendant WARNER advised Donald Udstuen that WARNER would
provide SOS Official A with a portion of the proceeds that WARNER
obtained from outside vendors doing business with the SOS Office.
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10. It was further part of the scheme that in about early
1991, defendant WARNER and Donald Udstuen agreed that in order to
conceal the flow of proceeds from WARNER to Udstuen related to the
SOS Office outside vendors, defendant WARNER would cause checks to
be written to Alan Drazek's company, American Management Resources.
Udstuen and Drazek further agreed that Drazek would provide a
portion of those proceeds back to Udstuen in cash.
11. It was further part of the scheme that from approximately
1991 through at least 1999, defendant WARNER provided money,
property and other things of value to SOS Official A, others at SOS
Official A's direction, and other SOS Office officials and
employees to influence and reward SOS Office officials, employees,
and agents in the performance of their official duties.
Conduct Related to Vendor 1
A. The Validation Stickers Contract
12. It was further part of the scheme that in about early
1991, defendant WARNER, through his association with the WARNER-SOS
Office Enterprise, learned that the SOS Office contract
specifications for the validation stickers contract included the
requirement of a feature known as the “metallic security mark,”
which feature was a product created and manufactured by Vendor 1
and had the effect of substantially guaranteeing the award of the
validation stickers contract to Vendor 1, which had held that
contract since approximately 1986.
13. It was further part of the scheme that in about July
1991, defendant WARNER made an unsolicited contact with an employee
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of Vendor 1, referred to herein as Employee 1-A, and indicated that
in exchange for payment of $2,000 per month, WARNER would ensure
that the “metallic security mark” requirement would remain in the
specifications for the SOS Office validation stickers contract.
WARNER further indicated to Employee 1-A that if Vendor 1 did not
pay WARNER $2,000 per month, the specifications likely would change
and Vendor 1 would lose the validation stickers contract. As a
result of defendant's statements and out of fear that Vendor 1
might otherwise lose the validation stickers contract, Employee 1-A
authorized the payment of $2,000 per month to defendant WARNER.
14. It was further part of the scheme that in about July
1991, defendant WARNER directed a senior SOS Office official,
referred to herein as SOS Official B, that the Vehicle Services
Department was to continue doing business with Vendor 1.
15. It was further part of the scheme that in about July
1991, defendant WARNER directed SOS Official B to meet with WARNER
in Chicago and provide WARNER with information, documents and
materials not generally available to the public, including among
other things, internal SOS Office documents, draft contract
specifications, and samples of outside vendor materials.
16. It was further part of the scheme that from approximately
July 1991 through December 1993, defendant WARNER repeatedly
threatened employees of Vendor 1, including Employee 1-A, that if
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Vendor 1 did not continue to timely pay defendant's monthly fee,
Vendor 1 would lose the SOS Office validation stickers contract.
17. It was further part of the scheme that on one or more
occasions between July 1991 and November 1992, defendant WARNER
falsely and fraudulently told Employee 1-A that Vendor 1's
principal competitor, Vendor 2, had offered to pay defendant WARNER
a fee substantially higher than $2,000 per month related to the
validation stickers contract, when in fact as defendant then and
there well knew, Vendor 2 had made no such offer.
18. It was further part of the scheme that in about November
1992, defendant WARNER's monthly fee from Vendor 1 was increased
from $2,000 to $3,000 per month.
19. It was further part of the scheme that in approximately
Summer 1993, after an employee of the Vehicle Services Department
had conducted research and analysis and a committee consisting of
approximately seven Vehicle Services Department employees
unanimously had recommended to SOS Official B that the “metallic
security mark” requirement be removed from the specifications for
the validation stickers contract, and after SOS Official B, acting
on the committee’s unanimous recommendation, had caused the
“metallic security mark” requirement to be removed from the
specifications and the modified specifications to be forwarded to
Central Management Services for initiation of the competitive
bidding process, defendant WARNER directed SOS Official B to put
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back into the specifications the requirement for the “metallic
security mark.”
20. It was further part of the scheme that after SOS Official
B expressed concern regarding changing back the specifications,
defendant WARNER caused SOS Official A to intervene and direct SOS
Official B to change the specifications back to include the
“metallic security mark.”
21. It was further part of the scheme that in about early
1994, after Vendor 1 had been purchased by another individual and
thus changed ownership, defendant WARNER threatened employees of
Vendor 1, including among others, employees referred to herein as
Employee 1-B and Employee 1-C, that if Vendor 1 did not pay
defendant $5,000 per month, Vendor 1 would lose the SOS Office
validation stickers contract. As a result of defendant WARNER's
demand and out of fear that Vendor 1 might otherwise lose the
validation stickers contract, Employee 1-C authorized the payment
of $5,000 per month to defendant WARNER.
22. It was further part of the scheme that in about September
1998, after Vendor 1 had been purchased by another individual,
referred to herein as Employee 1-D, and thus again changed
ownership, defendant WARNER threatened Employee 1-D that if Vendor
1 did not pay defendant $25,000 related to previously unpaid
monthly fees and further agree to pay defendant $8,000 per month in
the future, Vendor 1 would lose the validation stickers contract.
As a result of defendant WARNER's threats and out of fear that
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Vendor 1 might otherwise lose the validation stickers contract,
Employee 1-D offered to pay defendant WARNER $5,000, after which
defendant WARNER terminated his communications and relationship
with Vendor 1.
23. It was further part of the scheme that between about 1991
and 1998, defendant WARNER received approximately $332,000 in
revenues from Vendor 1 related to the validation stickers contract,
which revenues were deposited in the account of National Consulting
Company at North Community Bank.
Payments to Udstuen and Drazek related to the validation
stickers contract
24. It was further part of the scheme that from approximately
August 1991 through 1998, defendant WARNER paid Donald Udstuen
approximately one-third of the proceeds received from Vendor 1 in
connection with the validation stickers contract.
25. It was further part of the scheme that in order to
conceal the flow of unlawful proceeds from defendant WARNER to
Donald Udstuen related to the validation stickers contract,
defendant WARNER caused National Consulting Company checks to be
written to Alan Drazek's company, American Management Resources,
which checks were then sent to Udstuen's home and subsequently
provided to Drazek for negotiation.
26. It was further part of the scheme that Alan Drazek
deposited the National Consulting Company checks from WARNER into
one or more accounts of American Management Resources, and
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thereafter provided Donald Udstuen with a portion of the proceeds
in cash and kept a portion of the proceeds for himself.
27. It was further part of the scheme that from approximately
1994 through at least 1998, defendant WARNER, Donald Udstuen and
others knowingly and intentionally failed to file lobbyist
registration statements and related materials, as required by State
law, with regard to income and activities related to Vendor 1, and
otherwise omitted from lobbyist registration statements filed with
the SOS Office Index Department any information related to the
validation stickers contract and Vendor 1.
B. The Title Laminates Contract
28. It was further part of the scheme that in about August
1991, defendant WARNER told Employee 1-A that in exchange for
$67,000, defendant would help cause the SOS Office title laminates
contract, then held by Vendor 2, to be awarded to Vendor 1. Based
upon defendant's statements, Employee 1-A authorized the payment of
$67,000, in the form of two $33,500 checks, to defendant WARNER.
29. It was further part of the scheme that in about August
1991, defendant WARNER caused SOS Official B to provide defendant
with materials not available to the general public including
samples of title laminates produced by Vendor 2 and draft SOS
Office specifications related to the title laminates contract.
30. It was further part of the scheme that in about September
1991, defendant WARNER caused SOS Official B to delay the release
by Central Management Services of the title laminates
specifications and thereby delay the competitive bidding process
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for the title laminates contract, and further to retrieve the title
laminates specifications back from Central Management Services so
that changes could be made to benefit Vendor 1's ability to
successfully bid on the title laminates contract.
31. It was further part of the scheme that in about September
1991, in order to conceal the scheme, defendant WARNER and Donald
Udstuen cautioned SOS Official B not to make the advantage to
Vendor 1 appear blatant in making changes to the title laminates
specifications, after which, in approximately 1992, Vendor 1 was
awarded the title laminates contract.
Payments to Udstuen and Drazek related to the title laminates
contract
32. It was further part of the scheme that beginning in
approximately late 1991, defendant WARNER paid Donald Udstuen
approximately one-third of defendant's proceeds from Vendor 1
related to the title laminates contract.
33. It was further part of the scheme that in order to
conceal the flow of unlawful proceeds from defendant WARNER to
Donald Udstuen related to the title laminates contract, defendant
WARNER caused National Consulting Company checks to be written to
Alan Drazek's company, American Management Resources, which checks
were then sent to Udstuen's home and subsequently provided to
Drazek for negotiation.
34. It was further part of the scheme that Alan Drazek
deposited the National Consulting Company checks from defendant
WARNER into one or more accounts of American Management Resources,
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and thereafter provided Donald Udstuen with a portion of the
proceeds in cash and kept a portion of the proceeds for himself.
Conduct Related to Vendor 4
C. The Computer System Contract
35. It was further part of the scheme that in approximately
March 1993, defendant WARNER entered a written lobbying contract
with Vendor 4 under which Vendor 4 agreed to pay WARNER a
percentage of all revenues received by Vendor 4 in connection with
SOS Office contracts.
36. It was further part of the scheme that from about 1993
through 1998, defendant WARNER used his authority and influence as
an SOS Office agent and decision maker to help cause Vendor 4 to be
awarded SOS Office contracts related to computer services,
including among others the computer system contract.
37. It was further part of the scheme that between 1993 and
at least 1999, defendant WARNER received approximately $991,000 in
revenues related to the computer system contract and other SOS
Office contracts awarded to Vendor 4, which revenues were deposited
in the account of Omega Consulting Group Ltd. at North Community
Bank.
Payments to Udstuen and Drazek related to the computer system
contract
38. It was further part of the scheme that from approximately
1993 until at least 1998, defendant WARNER paid Donald Udstuen
approximately one-third of defendant's proceeds from Vendor 4
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related to the computer system contract and other SOS Office
contracts awarded to Vendor 4.
39. It was further part of the scheme that in order to
conceal the flow of unlawful proceeds from defendant WARNER to
Donald Udstuen related to the computer system contract and other
contracts awarded to Vendor 4, defendant WARNER caused Omega
Consulting Group Ltd. checks to be written to Alan Drazek's
company, American Management Resources, which checks were then sent
to Udstuen's home and subsequently provided to Drazek for
negotiation.
40. It was further part of the scheme that Alan Drazek
deposited the Omega Consulting Group Ltd. checks from defendant
WARNER into one or more accounts of American Management Resources,
and thereafter provided Donald Udstuen with a portion of the
proceeds from those checks in cash and kept a portion of the
proceeds for himself.
41. It was further part of the scheme that in order to
conceal the scheme, between approximately November 1995 and June
1999, defendant WARNER made cash withdrawals, among other cash
withdrawals and financial transactions, totaling approximately
$120,000 in amounts less than $10,000 from the Omega Consulting
Group Ltd. account at North Community Bank.
42. It was further part of the scheme that in about December
1994, after Vendor 4 advised defendant WARNER of WARNER's
obligation to file lobbyist registration statements and reports
related to his activities on behalf of Vendor 4 as required by the
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Illinois Lobbyist Registration Act, defendant WARNER initially
refused to file such statements and reports.
43. It was further part of the scheme that on or about
January 23, 1995, Vendor 4 and defendant WARNER entered a further
written agreement wherein defendant WARNER agreed to file lobbyist
registration statements and reports related to his activities on
behalf of Vendor 4, and Vendor 4 agreed to pay defendant WARNER a
monthly fee in addition to his percentage commission related to all
SOS Office contracts awarded to Vendor 4.
44. It was further part of the scheme that from about January
1995 through at least 1999, defendant WARNER caused lobbyist
registration statements and reports for Omega Consulting Group Ltd.
to be filed with the SOS Office Index Department related to Vendor
4, in which statements and reports defendant WARNER knowingly and
intentionally omitted the involvement and financial interest of
Donald Udstuen and others related to the SOS Office contracts
awarded to Vendor 4.
Conduct Related to the SOS Office Leases
D. The 17 N. State Lease
45. It was further part of the scheme that in approximately
April 1991, defendant WARNER contacted an individual associated
with a building at 17 N. State Street in Chicago, Illinois
(hereinafter “Property Manager 1") and told Property Manager 1 that
WARNER was acting as a broker on behalf of the SOS Office with
regard to a prospective SOS Office lease for use and occupancy of
that building.
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46. It was further part of the scheme that in about April
1991, defendant WARNER caused a contract to be entered into with
Property Manager 1 giving WARNER a 6% commission interest in any
SOS Office lease entered related to the 17 N. State Street building
(hereinafter the “commission contract”).
47. It was further part of the scheme that defendant WARNER
concealed his financial interest in the commission contract with
Property Manager 1 by omitting his name from the commission
contract and causing the commission contract to be executed by a
third party nominee who otherwise had no dealings with Property
Manager 1 related to the 17 North State Street building.
48. It was further part of the scheme that defendant WARNER
and others helped cause the SOS Office to enter, on or about
October 22, 1991, a six-year lease for use and occupancy of the
building at 17 N. State Street in Chicago (hereinafter “the 17 N.
State Lease”).
49. It was further part of the scheme that between
approximately October 1991 and at least February 1994, defendant
WARNER received approximately $233,550 in commission payments
related to the 17 N. State Lease.
E. The Bellwood Lease
50. It was further part of the scheme that in approximately
1992, defendant WARNER contacted a senior official from the
Physical Services Department, referred to herein as SOS Official C,
24
and advised SOS Official C that the SOS Office had identified a
building at 405 N. Mannheim Road in Bellwood, Illinois for
potential official SOS Office use.
51. It was further part of the scheme that on or about
October 15, 1992, for the purpose of leasing the property to the
SOS Office and profiting therefrom, defendant WARNER obtained an
ownership interest in the building at 405 N. Mannheim Road in
Bellwood, Illinois, while concealing his ownership interest in the
building through the use of a third party nominee as purchaser of
the Bellwood property.
52. It was further part of the scheme that defendant WARNER
and others helped cause the SOS Office to enter, on or about
December 15, 1992, a five-year lease for use and occupancy of the
building at 405 N. Mannheim Road in Bellwood (hereinafter “the
Bellwood Lease”).
53. It was further part of the scheme that defendant WARNER's
involvement with and financial interest in the Bellwood Lease were
nowhere reflected in the Lease or related publicly available
materials.
54. It was further part of the scheme that between
approximately December 1992 and the present, defendant WARNER
received approximately $171,000 in profit related to the Bellwood
Lease.
F. The Joliet Lease
55. It was further part of the scheme that in approximately
early 1994, after SOS Official A instructed another senior SOS
25
Office official, referred to herein as SOS Official D, to contact
defendant WARNER to help locate a building for the purpose of a new
SOS Office lease, defendant WARNER arranged for SOS Official D to
inspect a building at 605 Maple Road in Joliet, Illinois.
56. It was further part of the scheme that on or about
October 31, 1994, for the purpose of leasing the property to the
SOS Office and profiting therefrom, defendant WARNER obtained a
substantial ownership interest in the building at 605 Maple Road in
Joliet, Illinois, while concealing his ownership interest in the
building through the use of a third party nominee as purchaser of
the Joliet property.
57. It was further part of the scheme that defendant WARNER
and others helped cause the SOS Office to enter, on or about
January 1, 1995, a four-year lease for use and occupancy of the
building at 605 Maple Road in Joliet (hereinafter “the Joliet
Lease”).
58. It was further part of the scheme that defendant WARNER's
involvement with and financial interest in the Joliet Lease were
nowhere reflected in the Lease or related publicly available
materials.
59. It was further part of the scheme that between
approximately January 1995 and the present, defendant WARNER
received approximately $387,500 in profit related to the Joliet
Lease.
Conduct Related to Vendor 5
G. The Digital Licensing Contract
26
60. In approximately 1996, the SOS Office began an initiative
to switch to a digital licensing system. It was further part of
the scheme that in about August 1996, defendant WARNER learned
information not generally available to the public that certain
prospective vendors, including among others, Vendor 5, had made
presentations to SOS Office staff and officials, including SOS
Official A and other senior officials, regarding those respective
vendors' digital licensing technologies, and that defendant WARNER,
after learning this information, contacted one or more senior SOS
Office officials regarding the digital licensing initiative and
presentations.
61. It was further part of the scheme that, after conferring
with one or more senior SOS Office officials regarding the digital
licensing initiative and presentations, defendant WARNER entered a
contract to assist Vendor 5 in its efforts to obtain the digital
licensing contract with the SOS Office.
62. It was further part of the scheme that in order to
conceal his involvement, defendant WARNER caused his name to be
excluded from the initial contract for defendant's services on
behalf of Vendor 5, and instead the contract was entered between
Vendor 5 and an individual referred to herein as Individual 1.
63. It was further part of the scheme that under the terms of
the contract with Vendor 5, defendant WARNER and Individual 1 were
to receive a commission of 5% of all revenues received by Vendor 5
in connection with the digital licensing contract.
27
64. It was further part of the scheme that between
approximately 1998 and the present, defendant WARNER received
approximately $677,000 in revenues related to the digital licensing
contract, which contract was awarded to Vendor 5 on or about June
2, 1997.
65. It was further part of the scheme that from approximately
August 1996 through the present, in order to conceal his
involvement, defendant WARNER knowingly and intentionally failed to
file lobbyist registration statements and reports, as required by
State law, regarding income and activities related to Vendor 5, and
otherwise omitted from lobbyist registration statements filed with
the SOS Office Index Department any information reflecting
defendant’s involvement with and financial interest in the digital
licensing contract.
THE PATTERN OF RACKETEERING ACTIVITY
66. The pattern of racketeering activity, as defined in Title
18, United States Code, Sections 1961(1) and 1961(5), consisted of
the following acts:
Racketeering Acts 1-3: Extortion, Mail Fraud, and Money
Laundering related to the validation stickers contract
Racketeering Act #1
Defendant WARNER committed the acts set forth in subparagraphs
(a), (b), and (c) below, which relate to the conduct more fully
described in paragraphs 6-27 above, and any one of which alone
constitutes the commission of Racketeering Act #1:
28
(a) From in or about July 1991 and continuing until in or
about December 1993, in Chicago, in the Northern District of
Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, committed and attempted to commit extortion,
which extortion obstructed, delayed and affected commerce, by
knowingly obtaining and attempting to obtain property in the form
of payments from Vendor 1 under the color of official right and
induced by the wrongful use of actual and threatened fear of
economic harm,
In violation of Title 18, United States Code, Sections 1951
and 2.
(b) On or about March 16, 1992, at Chicago, in the Northern
District of Illinois, Eastern Division, and Springfield, Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $232,888
relating to the SOS Office validation stickers contract and
addressed to:
Vendor 1
Chicago, Illinois
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
29
(c) On or about December 12, 1991, in the Northern District
of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, when defendant
caused a National Consulting Company check to be issued, made
payable to American Management Resources, on North Community Bank
account number 1403880, in the amount of $666.67, which financial
transaction involved the proceeds of specified unlawful activity,
namely, acts and activities constituting mail fraud, in violation
of Title 18, United States Code, Sections 1341 and 1346, and
extortion, in violation of Title 18, United States Code, Section
1951, related to the SOS Office validation stickers contract,
knowing that the transaction was designed in whole and in part to
conceal the nature, source, and ownership of the proceeds of said
specified unlawful activity, and while conducting and attempting to
conduct said financial transaction, knew that the property involved
in the financial transaction represented the proceeds of some form
of unlawful activity,
In violation of Title 18, United States Code, Sections
1956(a)(1)(B)(i) and 2.
Racketeering Act #2
Defendant WARNER committed the acts set forth in
subparagraphs (a), (b), and (c) below, which relate to the conduct
more fully described in paragraphs 6-27 above, and any one of which
alone constitutes the commission of Racketeering Act #2:
30
(a) From in or about January 1994 and continuing until in or
about August 1998, in Chicago, in the Northern District of
Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, committed and attempted to commit extortion,
which extortion obstructed, delayed and affected commerce, by
knowingly obtaining and attempting to obtain property in the form
of payments from Vendor 1 under the color of official right and
induced by the wrongful use of actual and threatened fear of
economic harm,
In violation of Title 18, United States Code, Sections 1951
and 2.
(b) On or about April 20, 1998, at Chicago, in the Northern
District of Illinois, Eastern Division, and Springfield, Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $298,115.18
relating to the SOS Office validation stickers contract and
addressed to:
Vendor 1
Chicago, Illinois
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
31
(c) On or about June 9, 1995, in the Northern District of
Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, when defendant
caused a National Consulting Company check to be issued, made
payable to American Management Resources, on North Community Bank
account number 1403880, in the amount of $1,666.67, which financial
transaction involved the proceeds of specified unlawful activity,
namely, acts and activities constituting mail fraud, in violation
of Title 18, United States Code, Sections 1341 and 1346, and
extortion, in violation of Title 18, United States Code, Section
1951, related to the SOS Office validation stickers contract,
knowing that the transaction was designed in whole and in part to
conceal the nature, source, and ownership of the proceeds of said
specified unlawful activity, and while conducting and attempting to
conduct said financial transaction, knew that the property involved
in the financial transaction represented the proceeds of some form
of unlawful activity,
In violation of Title 18, United States Code, Sections
1956(a)(1)(B)(i) and 2.
Racketeering Act #3
Defendant WARNER committed the following act, which relates to
the conduct more fully described in paragraphs 6-27 above and which
constitutes Racketeering Act #3:
32
In about September 1998, in Chicago, in the Northern District
of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, attempted to commit extortion, which extortion
obstructed, delayed and affected commerce, by knowingly attempting
to obtain property in the form of payments from Vendor 1 under the
color of official right and induced by the wrongful use of actual
and threatened fear of economic harm,
In violation of Title 18, United States Code, Sections 1951
and 2.
Racketeering Act 4: Mail Fraud and Money Laundering related to
the title laminates contract
Racketeering Act #4
Defendant WARNER committed the acts set forth in
subparagraphs (a) and (b) below, which relate to the conduct more
fully described in paragraphs 6-11 and 28-34 above, and either one
of which alone constitutes the commission of Racketeering Act #4:
On or about September 25, 1991, at Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a National Consulting Company check in the amount of
$11,166.66 relating to the SOS Office title laminates contract and
addressed to Donald Udstuen at his home address,
33
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
(b) On or about September 25, 1991, in the Northern District
of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, when defendant
caused a National Consulting Company check to be issued, made
payable to American Management Resources, on North Community Bank
account number 1403880, in the amount of $11,166.66, which
financial transaction involved the proceeds of specified unlawful
activity, namely, acts and activities constituting mail fraud, in
violation of Title 18, United States Code, Sections 1341 and 1346,
and extortion, in violation of Title 18, United States Code,
Section 1951, related to the SOS Office title laminates contract,
knowing that the transaction was designed in whole and in part to
conceal the nature, source, and ownership of the proceeds of said
specified unlawful activity, and while conducting and attempting to
conduct said financial transaction, knew that the property involved
in the financial transaction represented the proceeds of some form
of unlawful activity,
In violation of Title 18, United States Code, Sections
1956(a)(1)(B)(i) and 2.
Racketeering Act 5: Mail Fraud and Money Laundering related to
the computer system contract and other SOS Office computer-
related contracts
Racketeering Act #5
34
Defendant WARNER committed the acts set forth in
subparagraphs (a) and (b) below, which relate to the conduct more
fully described in paragraphs 6-11 and 35-44 above, and either one
of which alone constitutes the commission of Racketeering Act #5:
(a) On or about July 25, 1997, at Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a check from Vendor 4 in the amount of $130,359.31
relating to the computer system contract and other SOS Office
computer-related contracts, and addressed to:
Omega Consulting
3101 N. Western Avenue
Chicago, IL 60618
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
(b) On or about July 31, 1997, in the Northern District of
Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, when defendant
caused an Omega Consulting Group Ltd. check to be issued, made
payable to American Management Resources, on North Community Bank
account number 1701044, in the amount of $43,453, which financial
35
transaction involved the proceeds of specified unlawful activity,
namely, acts and activities constituting mail fraud, in violation
of Title 18, United States Code, Section 1341 and 1346, and
extortion, in violation of Title 18, United States Code, Section
1951, related to the computer system contract and other SOS Office
computer-related contracts, knowing that the transaction was
designed in whole and in part to conceal the nature, source, and
ownership of the proceeds of said specified unlawful activity, and
while conducting and attempting to conduct said financial
transaction, knew that the property involved in the financial
transaction represented the proceeds of some form of unlawful
activity,
In violation of Title 18, United States Code, Sections
1956(a)(1)(B)(i) and 2.
Racketeering Acts 6-8: Mail Fraud related to the SOS Office
leases
Racketeering Act #6
Defendant WARNER committed the following act, which relates to
the conduct more fully described in paragraphs 6-11 and 45-59 above
and which constitutes Racketeering Act #6:
On or about September 8, 1992, at Chicago, in the Northern
District of Illinois, Eastern Division, and Springfield, Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
deposited in an authorized depository for mail matter and to
delivered by mail according to the direction thereon an envelope
36
containing a State of Illinois check in the amount of $66,053.50
relating to the 17 N. State lease, and addressed to:
Stevens Building Management Co.
32 W. Randolph Street
Suite 2200
Chicago, IL 60602
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
Racketeering Act #7
Defendant WARNER committed the following act, which relates to
the conduct more fully described in paragraphs 6-11 and 50-54 above
and which constitutes Racketeering Act #7:
On or about September 19, 1997, at Chicago, in the Northern
District of Illinois, Eastern Division, and Springfield, Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $21,735
relating to the Bellwood lease, and addressed to:
BL Mannheim Inc
1839 North Lincoln
Chicago, IL 60614,
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
Racketeering Act #8
37
Defendant WARNER committed the following act, which relates to
the conduct more fully described in paragraphs 6-11 and 55-59 above
and which constitutes Racketeering Act #8:
On or about September 19, 1997, at Chicago, in the Northern
District of Illinois, Eastern Division, and Springfield, Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $36,085.16
relating to the Joliet lease, and addressed to:
Joliet Maple LLC
Park Place Investments
800 N. Clark Street Suite 2
Chicago, IL 60610
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
Racketeering Act 9: Mail fraud related to the digital
licensing contract
Racketeering Act #9
Defendant WARNER committed the following act, which relates to
the conduct more fully described in paragraphs 6-11 and 6-65 above
and which constitutes Racketeering Act #9:
On or about October 30, 1998, at Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
38
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a check from Vendor 5 in the amount of $829.96 relating
to the digital licensing contract, and addressed to:
National Consulting Company
3101 N. Western Avenue
Chicago, IL 60618
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
All in violation of Title 18, United States Code, Section
1962(c).
39
COUNT TWO
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1 and 6-27 of Count One of
this indictment are hereby realleged and incorporated as if fully
set forth herein.
2. On or about April 20, 1998, in Chicago, in the Northern
District of Illinois, Eastern Division, and Springfield, Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $298,115.18
relating to the SOS Office validation stickers contract and
addressed to:
Vendor 1
Chicago, Illinois
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
40
COUNT THREE
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1 and 6-27 of Count One of
this indictment are hereby realleged and incorporated as if fully
set forth herein.
2. In about September 1998, in Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, attempted to commit extortion, which extortion
obstructed, delayed and affected commerce, by knowingly attempting
to obtain property in the form of payments from Vendor 1 under the
color of official right and induced by the wrongful use of actual
and threatened fear of economic harm,
In violation of Title 18, United States Code, Sections 1951
and 2.
41
COUNT FOUR
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1 and 6-27 of Count One of
this indictment are hereby realleged and incorporated as if fully
set forth herein.
2. On or about May 18, 1998, in Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, when defendant
caused a National Consulting Company check to be issued, made
payable to American Management Resources, on North Community Bank
account number 1403880, in the amount of $1,666.67, which financial
transaction involved the proceeds of specified unlawful activity,
namely, acts and activities constituting mail fraud, in violation
of Title 18, United States Code, Section 1341 and 1346, and
extortion, in violation of Title 18, United States Code, Section
1951, related to the SOS Office validation stickers contract,
knowing that the transaction was designed in whole and in part to
conceal the nature, source, and ownership of the proceeds of said
specified unlawful activity, and while conducting and attempting to
conduct said financial transaction, knew that the property involved
in the financial transaction represented the proceeds of some form
of unlawful activity,
In violation of Title 18, United States Code, Sections
1956(a)(1)(B)(i) and 2.
42
COUNT FIVE
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1, 6-11, and 35-44 of Count
One of this indictment are hereby realleged and incorporated as if
fully set forth herein.
2. On or about July 25, 1997, in Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a check from Vendor 4 in the amount of $130,359.31
relating to the computer system contract and other SOS Office
computer-related contracts, and addressed to:
Omega Consulting
3101 N. Western Avenue
Chicago, IL 60618
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
44
COUNT SIX
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1, 6-11, and 35-44 of Count
One of this indictment are hereby realleged and incorporated as if
fully set forth herein.
2. On or about July 31, 1997, in Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, knowingly conducted and attempted to conduct a
financial transaction affecting interstate commerce, when defendant
caused an Omega Consulting Group Ltd. check to be issued, made
payable to American Management Resources, on North Community Bank
account number 1403880, in the amount of $43,453, which financial
transaction involved the proceeds of specified unlawful activity,
namely, acts and activities constituting mail fraud, in violation
of Title 18, United States Code, Section 1341 and 1346, and
extortion, in violation of Title 18, United States Code, Section
1951, related to the computer system contract and other SOS Office
computer-related contracts, knowing that the transaction was
designed in whole and in part to conceal the nature, source, and
ownership of the proceeds of said specified unlawful activity, and
while conducting and attempting to conduct said financial
transaction, knew that the property involved in the financial
transaction represented the proceeds of some form of unlawful
activity,
45
In violation of Title 18, United States Code, Sections
1956(a)(1)(B)(i) and 2.
46
COUNT SEVEN
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1, 6-11, and 35-44 of Count
One of this indictment are hereby realleged and incorporated as if
fully set forth herein.
2. Beginning on or about July 31, 1997 and continuing
through at least August 5, 1997, in Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, for the purpose of evading the reporting
requirements of Title 31, United States Code, Section 5313(a) and
regulations prescribed thereunder, structured and assisted in
structuring and attempted to structure and assist in structuring,
a transaction with the North Community Bank, a domestic financial
institution, namely, the withdrawal of $14,000 in United States
currency from his Omega Consulting Group Ltd. checking account into
two separate transactions at different branches of the North
Community Bank and involving the cashing of two checks, each in an
amount under $10,000, as described below:
Check No. Date of Check Amount Date Check Cashed
1071 July 31, 1997 $9,000 August 4, 1997
1072 July 31, 1997 $5,000 August 5, 1997
3. The defendant, LAWRENCE E. WARNER, committed this offense
while violating other laws of the United States, as set forth in
Count One of this indictment, and as part of a pattern of illegal
47
activity involving more than $100,000 in a 12 month period
commencing on May 5, 1997;
In violation of Title 31, United States Code, Section
5324(a)(3) and (d)(2).
48
COUNT EIGHT
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1, 6-11, and 50-54 of Count
One of this indictment are hereby realleged and incorporated as if
fully set forth herein.
2. On or about September 19, 1997, at Chicago, in the
Northern District of Illinois, Eastern Division, and Springfield,
Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $21,735
relating to the Bellwood lease, and addressed to:
BL Mannheim Inc
1839 North Lincoln
Chicago, IL 60614,
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
49
COUNT NINE
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1, 6-11, and 55-59 of Count
One of this indictment are hereby realleged and incorporated as if
fully set forth herein.
2. On or about September 19, 1997, at Chicago, in the
Northern District of Illinois, Eastern Division, and Springfield,
Illinois,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a State of Illinois check in the amount of $36,085.16
relating to the Joliet lease, and addressed to:
Joliet Maple LLC
Park Place Investments
800 N. Clark Street Suite 2
Chicago, IL 60610
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
50
COUNT TEN
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The allegations in paragraphs 1, 6-11, and 60-65 of Count
One of this indictment are hereby realleged and incorporated as if
fully set forth herein.
2. On or about October 30, 1998, at Chicago, in the Northern
District of Illinois, Eastern Division, and elsewhere,
LAWRENCE E. WARNER,
defendant herein, for the purpose of executing the aforesaid
scheme, and attempting to do so, did knowingly cause to be
delivered by mail according to the direction thereon an envelope
containing a check from Vendor 5 in the amount of $829.96 relating
to the digital licensing contract, and addressed to:
National Consulting Company
3101 N. Western Avenue
Chicago, IL 60618
In violation of Title 18, United States Code, Sections 1341,
1346 and 2.
51
COUNT ELEVEN
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. At times material to this indictment,
a. Lawrence E. Warner owned and operated several
businesses out of an office space at 3101 N. Western Avenue in
Chicago, Illinois. From about January 1991 through January 1999,
Warner directly and substantially participated in the affairs of
the Illinois Secretary of State's Office (hereinafter the “SOS
Office”), including at various times, acting as an agent for the
SOS Office and as a decision maker regarding certain official SOS
Office matters, while at the same time receiving substantial
proceeds from certain outside vendors in connection with those
vendors' contracts and business with the SOS Office.
b. Defendant DONALD UDSTUEN was the Associate Executive
Administrator for the Illinois State Medical Society, an entity
that, among other things, conducted lobbying activities for medical
professionals in the State of Illinois.
c. Defendant ALAN A. DRAZEK owned and operated a
company called American Management Resources (AMR).
d. During the period from 1991 and continuing to at
least 1999, Lawrence Warner unlawfully obtained payments from
certain SOS Office vendors.
e. Beginning in 1991, Warner reached an understanding
with defendant UDSTUEN that a portion of said payments would be
kept by Warner, a portion provided to SOS Official A, and a portion
52
given to defendant UDSTUEN with the knowledge and concurrence of
SOS Official A.
f. During the period from 1991 through 1998, Warner
paid defendant UDSTUEN approximately $365,000 as UDSTUEN’s portion
of the unlawful proceeds obtained by Warner in connection with
certain SOS Office vendor contracts.
2. Beginning in approximately January of 1991 and continuing
through approximately April 7, 2002, at Chicago and elsewhere in
the Northern District of Illinois, Eastern Division,
DONALD UDSTUEN and
ALAN A. DRAZEK,
defendants herein, did combine, conspire and agree together to
defraud an agency of the United States, namely, the Internal
Revenue Service (IRS), by impeding and impairing the IRS in
carrying out its lawful functions to assure that all income is
accurately reported by the person or entity to which it is properly
attributed and to assess and collect tax due from such person or
entity based on accurate information on income, deductions and
credits.
3. It was part of the conspiracy that after defendant DONALD
UDSTUEN discussed with Warner that Udstuen would receive a portion
of the proceeds obtained by Warner from certain SOS Office vendors,
and in order to conceal his receipt of said proceeds, defendant
UDSTUEN approached defendant DRAZEK, who agreed to have the
proceeds from Warner made payable to defendant DRAZEK’s company,
American Management Resources, rather than being made payable to
53
defendant UDSTUEN directly, thereby disguising the fact of
defendant UDSTUEN’s interest and ownership of the payments.
4. It was further part of the conspiracy that defendants
UDSTUEN and DRAZEK agreed that DRAZEK would keep a portion of the
proceeds to pay taxes on the proceeds, keep a further portion of
the proceeds for DRAZEK’s own use, and return a portion of the
proceeds in cash to UDSTUEN for UDSTUEN's own use.
5. It was further part of the conspiracy that after reaching
the described agreement, defendant UDSTUEN received checks from
Lawrence Warner, drawn on accounts in the name of National
Consulting Company and Omega Consulting Group Ltd. and made payable
to defendant DRAZEK’s company, American Management Resources
(hereinafter collectively “the Warner checks”).
6. It was further part of the conspiracy that defendant
UDSTUEN received the Warner checks and then caused them to be
delivered to defendant DRAZEK, who subsequently caused them to be
deposited in one or more accounts in the name of American
Management Resources.
7. It was further part of the conspiracy that defendant
DRAZEK withdrew portions of the proceeds from the Warner checks in
cash and delivered the cash in envelopes to defendant UDSTUEN.
8. It was further part of the conspiracy that for the years
1991 through 1998, defendant UDSTUEN filed false individual income
tax returns, IRS Forms 1040, in which he failed to declare either
the gross amount of income attributable to him from the Warner
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checks or the net amount of that income he received back in cash
from defendant DRAZEK.
9. It was further part of the conspiracy that for the years
1991 through 1998, defendant DRAZEK filed false individual income
tax returns, IRS Form 1040, falsely declaring the full amount of
the Warner checks as DRAZEK's income.
10. It was further part of the conspiracy that in the period
from late 2000 through March 2001, after defendant UDSTUEN learned
that certain of Warner's activities related to the SOS Office had
become the subject of a federal investigation, and fearing that the
flow of proceeds related to the Warner checks might come to the
attention of the IRS, defendants UDSTUEN and DRAZEK together caused
to be prepared and filed amended individual income tax returns, IRS
Forms 1040X, for defendant UDSTUEN and for defendant DRAZEK for the
years 1996, 1997 and 1998, which returns were false in that:
a. defendant UDSTUEN’s amended returns falsely
attributed all proceeds from the Warner checks to defendant
UDSTUEN, when in fact, as defendants UDSTUEN and DRAZEK then and
there well knew, a portion of the proceeds was kept as income by
DRAZEK in return for the services he provided related to the Warner
checks; and
b. defendant DRAZEK’s returns falsely omitted the
income from the Warner checks retained by DRAZEK for his services
related to the Warner checks.
11. It was further part of the scheme that on or about April
7, 2002, defendants DRAZEK and UDSTUEN met and discussed falsely
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and fraudulently representing that although defendant UDSTUEN had
now declared all the proceeds from the Warner checks as income on
his amended returns, he had not actually received any portion of
the proceeds from said checks, when defendants DRAZEK and UDSTUEN
then and there well knew that UDSTUEN had in fact received portions
of the proceeds back from DRAZEK in cash.
OVERT ACTS
In furtherance of this conspiracy, and to effect its
objectives, the defendants committed the following overt acts,
among others, in the Northern District of Illinois and elsewhere:
a. The individual acts described in paragraphs 4 through 11
of this Count are realleged here as overt acts in furtherance of
the conspiracy.
b. On or about April 15, 1997, defendant UDSTUEN filed a
materially false individual income tax return, IRS form 1040, for
the tax year 1996, in which he knowingly failed to report as income
any proceeds related to the Warner checks.
c. On or about April 15, 1998, defendant UDSTUEN filed a
materially false individual income tax return, IRS form 1040, for
the tax year 1997, in which he knowingly failed to report as income
any proceeds related to the Warner checks.
d. On or about April 15, 1999, defendant UDSTUEN filed a
materially false individual income tax return, IRS form 1040, for
the tax year 1998, in which he knowingly failed to report as income
any proceeds related to the Warner checks.
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e. On or about July 16, 1999, defendant DRAZEK filed a
materially false individual income tax return, IRS form 1040, for
the tax year 1996, in which he knowingly included as income on his
return co-defendant UDSTUEN's proceeds related to the Warner
checks.
f. On or about August 22, 2000, defendant DRAZEK filed a
materially false individual income tax return, IRS form 1040, for
the tax year 1997, in which he knowingly included as income on his
return co-defendant UDSTUEN's proceeds related to the Warner
checks.
g. On or about October 10, 2000, defendant DRAZEK filed a
materially false individual income tax return, IRS form 1040, for
the tax year 1998, in which he knowingly included as income on his
return co-defendant UDSTUEN's proceeds related to the Warner
checks.
h. On or about March 5, 2001, defendant DRAZEK filed a
materially false amended individual income tax return, IRS form
1040, for the tax year 1996, in which he knowingly failed to report
as income proceeds that he had retained for his services related to
the Warner checks.
i. On or about March 5, 2001, defendant DRAZEK filed a
materially false amended individual income tax return, IRS form
1040, for the tax year 1997, in which he knowingly failed to report
as income proceeds that he had retained for his services related to
the Warner checks.
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j. On or about March 5, 2001, defendant DRAZEK filed a
materially false amended individual income tax return, IRS form
1040, for the tax year 1998, in which he knowingly failed to report
as income proceeds that he had retained for his services related to
the Warner checks.
All in violation of Title 18, United States Code, Section 371.
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FORFEITURE ALLEGATIONS
The SPECIAL JULY 2000-2 GRAND JURY further charges:
1. The Grand Jury realleges and incorporates by reference
the allegations of Count One of this Indictment for the purpose of
alleging forfeiture pursuant to Title 18, United States Code,
Section 1963.
2. As a result of their violation of Title 18, United States
Code, Section 1962(c),
LAWRENCE E. WARNER,
defendant herein:
(a) has acquired and maintained interests in violation
of Title 18, United States Code, Section 1962, which interests are
subject to forfeiture to the United States pursuant to Title 18,
United States Code, Section 1963(a)(1);
(b) has interests in, securities of, claims against, and
property and contractual rights which afforded a source of
influence over the enterprise named and described herein, which the
defendant established, operated, controlled, conducted and
participated in the conduct of in violation of Title 18, United
States Code, Section 1962, and which interests are subject to
forfeiture to the United States pursuant to Title 18, United States
Code, Section 1963(a)(2); and
(c) has property constituting and derived from proceeds
that the defendant obtained, directly and indirectly, from the
racketeering activity, in violation of Title 18, United States
59
Code, Section 1962, which property is subject to forfeiture to the
United States pursuant to Title 18, United States Code, Section
1963(a)(3). The interests and property obtained pursuant Title 18,
United States Code, Sections 1963(a)(1), (a)(2) and (a)(3),
include, but are not limited to, the following:
(i) approximately $2.8 million;
(ii) Lawrence Warner's partnership interest in the
assets of Joliet Maple LLC, including but not
limited to, the real property having a
Permanent Index Number of 07-11-500-011,
commonly known as 605 Maple Road, Joliet,
Illinois;
(iii) Lawrence Warner's partnership interest in the
assets of BL Mannheim Inc., including but not
limited to, the real property having a
Permanent Index Number of 15-09-300-100,
commonly known as 405 N. Mannheim Road,
Bellwood, Illinois; and
(iv) Lawrence Warner's interest in the contractual
agreement(s) between the SOS Office and Vendor
5, including but not limited to, all
commission payments through the duration of
the pending contract(s).
3. To the extent that the property described above as being
subject to forfeiture pursuant to Title 18, United States Code,
Section 1963, as a result of any act or omission of the defendant:
(a) cannot be located upon the exercise of due
diligence;
(b) has been transferred or sold to, or deposited with,
a third party;
(c) has been placed beyond the jurisdiction of the
court;
(d) has been substantially diminished in value; or
60
(e) has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the United States, pursuant to Title 18, United
States Code, Section 1963(m), to seek forfeiture of any other
property of defendant up to the value of the property described as
being subject to forfeiture.
All pursuant to Title 18, United States Code, Section 1963.
A TRUE BILL:
Foreperson
United States Attorney
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